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(영문) 의정부지방법원 2015.11.05 2015고단2647

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On August 13, 2009, the Defendant was issued a summary order of KRW 2 million by the Seoul Southern District Court for the crime of violation of the Road Traffic Act (driving) and KRW 2 million by the same court on January 13, 2010.

【Criminal Facts】

The defendant is a person driving BENZ E320 automobiles.

On May 30, 2015, at around 22:20, the Defendant driven the said vehicle at a section of approximately 200 meters from the restaurant located in the Gyeyang-dong in the Yangju-si to the front road of the Taedong-dong in the same area, in the state of drinking alcohol concentration of 0.054%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine (to select a fine and determine the amount in consideration of the fact that the blood alcohol concentration is relatively low);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;